A special multi-part investigative series published by the Sarasota Herald-Tribune entitled Elder guardianship: A well-oiled machine, reported that while Florida has an efficient system of identifying and caring for fragile elders, “tapping their assets is a growth business.” Here’s …
Florida needs to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
For those of you who do much guardianship work, you’ll be interested in a recently-published legislative summary from the American Bar Association’s Commission on Law and Aging. Entitled STATE ADULT GUARDIANSHIP LEGISLATION: DIRECTIONS OF REFORM – 2014, the report …
Does judge’s independent investigation of facts in guardianship proceeding = disqualification?
In re Guardianship of O.A.M., — So.3d —-, 2013 WL 5927613 (Fla. 3d DCA November 06, 2013)
Guardianship proceedings involving minors can be especially challenging for all involved . . . including your judge. Here’s the main problem: …
1st DCA: What’s the test for “competency” when it comes to executing a preneed guardianship designation; and when’s a probate judge authorized to disregard an otherwise valid designation?
Koshenina v. Buvens, — So.3d —-, 2014 WL 304889 (1st DCA January 29, 2014)
As the Baby Boomer generation passes age 65, the number of people living with cognitive impairment is expected to jump dramatically. Based on US Census …
Can arguing for the appointment of a court-appointed guardian to handle litigation for an incapacitated adult if she previously executed a valid DPOA get you (and your lawyer) sanctioned?
Albelo v. Southern Oak Ins. Co., — So.3d —-, 2013 WL 440199 (Fla. 3d DCA February 06, 2013)
Durable powers of attorney (DPOA’s) empower disabled or incapacitated adults to manage their business and personal affairs privately and without court …
4th DCA: Jasser v. Saadeh and the “prisoner’s dilemma” as metaphor for settlement “agreements” in guardianship litigation
Jasser v. Saadeh, 97 So.3d 241 (Fla. 4th DCA July 18, 2012)
Karim Saadeh, now in his eighties, emigrated from Jordan with his wife and lived the American dream: he raised a family of three children and became a …
1st DCA: Who pays the examining committee’s fees when a petition to determine incapacity, filed in good faith, is ultimately dismissed?
Faulkner v. Faulkner, — So.3d —-, 2011 WL 2937302 (Fla. 1st DCA Jul 22, 2011)
If the examining committee says the person being examined is OK, that may be good news for the potential ward, but bad news for …
5th DCA: Can a guardian for a minor ward create an annuity that restricts the ward’s access to her assets even after turning 18?
Hancock v. Share, — So.3d —-, 2011 WL 2650887 (Fla. 5th DCA July 8, 2011)
A guardian appointed by the court to take care of a minor child may act on behalf of the ward’s person or property, within …
2d DCA: When are guardians and attorneys entitled to fees in contested guardianship proceedings?
Thorpe v. Myers, — So.3d —-, 2011 WL 2731937 (Fla. 2d DCA Jul 15, 2011)
In this case a 93-year-old ward had nine children who seemingly couldn’t agree that the sky was blue. After lengthy litigation, the trial court …
2d DCA: Is a court-appointed guardian of the property necessary to exercise a minor’s vote in the appointment of a PR?
Long v. Willis, — So.3d —-, 2011 WL 3587411 (Fla. 2d DCA Aug 17, 2011)
Most people (including most lawyers) assume that a minor’s parents, i.e., a minor’s “natural guardians” under F.S. 744.301, can make all decisions on …